Open Association of Landscape Industries
What is the legal status of a verbal contract?
I'm looking for advice on how you would all deal with this situation.
I had looked after all of the maintenance needs of a small hilltop estate in Ayrshire for a Lady for 2 years. She was extremely satisfied with everything we did, how we went about doing it, and took great pleasure in her garden and grounds. However she sold it to a chap who had plans to develop it. She gave him my details and told him to contact me once things started to grow again after the winter.
...so he called me... after the grass had grown to the point where it resembled a field. He wanted a bowling green. I explained to him that we wouldn't cut it right down straight away but would lower it every week to try to meet his requirements. I verbally agreed £150 per cut, with all clippings collected etc. While on our 3rd visit he called me and complained that the first cut was not tidy enough and therefore said he wouldn't pay for it. I told him he would and then settled that he'd give me £100 of it. I left it at that, finished the job and left thinking that he was just at it, a little bit of a shark, nut that he would, after reasoning, pay for a job honestly and well done.
I went back the following week did another cut but didn't lift the grass and would charge an hourly rate for reduced time taken. This man called me up this morning a told me that because he didn't ask me to cut it again that, despite our verbal agreement, he would not pay me for it and that I should learn from this... learn not to trust people!?!?? I am a trusted person and don't find this easy to accept.
Where do I stand on this? Do I have a comeback. It's only £150. It's a principle matter for me though.
What would you do?
I had looked after all of the maintenance needs of a small hilltop estate in Ayrshire for a Lady for 2 years. She was extremely satisfied with everything we did, how we went about doing it, and took great pleasure in her garden and grounds. However she sold it to a chap who had plans to develop it. She gave him my details and told him to contact me once things started to grow again after the winter.
...so he called me... after the grass had grown to the point where it resembled a field. He wanted a bowling green. I explained to him that we wouldn't cut it right down straight away but would lower it every week to try to meet his requirements. I verbally agreed £150 per cut, with all clippings collected etc. While on our 3rd visit he called me and complained that the first cut was not tidy enough and therefore said he wouldn't pay for it. I told him he would and then settled that he'd give me £100 of it. I left it at that, finished the job and left thinking that he was just at it, a little bit of a shark, nut that he would, after reasoning, pay for a job honestly and well done.
I went back the following week did another cut but didn't lift the grass and would charge an hourly rate for reduced time taken. This man called me up this morning a told me that because he didn't ask me to cut it again that, despite our verbal agreement, he would not pay me for it and that I should learn from this... learn not to trust people!?!?? I am a trusted person and don't find this easy to accept.
Where do I stand on this? Do I have a comeback. It's only £150. It's a principle matter for me though.
What would you do?
Replies to This Discussion
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Permalink Reply by Nicky @ GardenImprovements.com on -
Neil
Certainly in Scottish law, I believe, verbal agreements have more weight than in English law - however you could have a look at this article http://www.contractsandagreements.co.uk/law-and-verbal-agreements.html
I have a customer in Elderslie who has refused to pay me £750 in balance for their contract since 2007. The balance relates to some extra work we agreed to undertake in addition to the main contract and the agreement was verbal. I had initially sought some recourse to claim this sum back through the small claims court but was advised by my solicitor that the costs and time involved in doing so may make it pointless.
Certainly for £150 you may be left in the same position.
It is of course a matter of principle, but should probably just be left - not worth stressing yourself about is it?
Nicky @ GardenImprovements.com
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Permalink Reply by Neil Petrie BSc Landscape Mgt on -
He was self employed but I had been really good to him, regular work etc. It transpired that the boy ended up being screwed by the customer in the end too!! There are so many expressions to sum the situation up. He gought what was coming to him being one.
It's really funny that so many didn't notice how old this discussion is! Obviously still relevant stuff though. I'm in Paris for a few days just now and been really busy in the last week. When I finally got a chance to check emails I couldn't believe the traffic that had spawned from this discussion again!
A & J Owen Garden Services said:that's really rotten luck. Was the person an employee or self employed. If you have a contract with them you can put all sorts of restrictive covenants to stop this happening. If you are interested in having this just send me an e-mail and I'll get it over to you asap
Neil Petrie BSc Landscape Mgt said:Many thanks.
I'm to go and collect some money he owes me later in week so will try to ammicably settle the rest. If he refuses, well I'll walk away.
Get this though! He's now poached one of my boys who will do the work for a fraction and has left me high and dry. It really sickens me.
Thanks Philip for the T&C's though. I will certainly put them to good use from now on.
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Permalink Reply by Jim Ritchie on -
another gardener gets stung! i have been at this game over 40 years and my father was longer than that customers pay joiners electricians and plumbers but when it comes to us we get shafted, it is part of life in this industry and we have to put up with it if someone in our profession steps out of line you end up in rouge traders I always get a signature now before i start write out a list of the work and explain it to them agree the costs and get them to put their name on it. If it comes to a court case it helps also agree on part payment as the job progresses you will know if they are genuine Jim Cutting Hedge Gardens.
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